[108th Congress Public Law 453]
[From the U.S. Government Printing Office]
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[DOCID: f:publ453.108]
[[Page 118 STAT. 3596]]
Public Law 108-453
108th Congress
An Act
To amend title 35, United States Code, to promote cooperative research
involving universities, the public sector, and private
enterprises. <<NOTE: Dec. 10, 2004 - [S. 2192]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Cooperative
Research and Technology Enhancement (CREATE) Act of 2004. 35 USC 1
note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cooperative Research and Technology
Enhancement (CREATE) Act of 2004''.
SEC. 2. COLLABORATIVE EFFORTS ON CLAIMED INVENTIONS.
Section 103(c) of title 35, United States Code, is amended to read
as follows:
``(c)(1) Subject matter developed by another person, which qualifies
as prior art only under one or more of subsections (e), (f), and (g) of
section 102 of this title, shall not preclude patentability under this
section where the subject matter and the claimed invention were, at the
time the claimed invention was made, owned by the same person or subject
to an obligation of assignment to the same person.
``(2) For purposes of this subsection, subject matter developed by
another person and a claimed invention shall be deemed to have been
owned by the same person or subject to an obligation of assignment to
the same person if--
``(A) the claimed invention was made by or on behalf of
parties to a joint research agreement that was in effect on or
before the date the claimed invention was made;
``(B) the claimed invention was made as a result of
activities undertaken within the scope of the joint research
agreement; and
``(C) the application for patent for the claimed invention
discloses or is amended to disclose the names of the parties to
the joint research agreement.
``(3) For purposes of paragraph (2), the term `joint research
agreement' means a written contract, grant, or cooperative agreement
entered into by two or more persons or entities for the performance of
experimental, developmental, or research work in the field of the
claimed invention.''.
SEC. 3. EFFECTIVE DATE. <<NOTE: 35 USC 103 note.>>
(a) In General.--The amendments made by this Act shall apply to any
patent granted on or after the date of the enactment of this Act.
(b) Special Rule.--The amendments made by this Act shall not affect
any final decision of a court or the United States Patent
[[Page 118 STAT. 3597]]
and Trademark Office rendered before the date of the enactment of this
Act, and shall not affect the right of any party in any action pending
before the United States Patent and Trademark Office or a court on the
date of the enactment of this Act to have that party's rights determined
on the basis of the provisions of title 35, United States Code, in
effect on the day before the date of the enactment of this Act.
Approved December 10, 2004.
LEGISLATIVE HISTORY--S. 2192 (H.R. 2391):
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HOUSE REPORTS: No. 108-425 accompanying H.R. 2391 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD, Vol. 150 (2004):
June 25, considered and passed Senate.
Nov. 20, considered and passed House.
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